FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT dated as of June 10, 2013 among CARDINAL ETHANOL, LLC, FIRST NATIONAL BANK OF OMAHAConstruction Loan Agreement • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
This First Amended and Restated Construction Loan Agreement is made as of June 10, 2013 by and between CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"), FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender").
FIRST AMENDED AND RESTATED SECURITY AGREEMENT AND ASSIGNMENT OF HEDGING ACCOUNTSSecurity Agreement • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
WHEREAS, the undersigned, Cardinal Ethanol, LLC ("Debtor"), whose address is 1554 N. 600 E, Union City, Indiana 47390 carries the accounts listed above with R.J. O'Brien & Associates, LLC (“Broker”), as broker, whose address is 222 S. Riverside Plaza, Chicago, Illinois 60606, for trading in hedging and commodities futures contracts; and Debtor is now indebted to First National Bank of Omaha (the "Secured Party") under that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between the Secured Party, whose address is 1620 Dodge Street, Stop 1050, Omaha, Nebraska 68197, and Debtor (as it may be from time to time amended, the “Loan Agreement”). Capitalized terms not otherwise defined in this Agreement will have the meaning given to such terms in the Loan Agreement. Pursuant to the Loan Agreement, Debtor is obligated to execute and deliver to the Secured Party this First Amended and Restated Security Agreement and Assignment of Hedging Account ("Agreement").
REVOLVING CREDIT NOTERevolving Credit Note • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals
This Revolving Credit Note (the "Note") is the Revolving Credit Note referred to in, is issued pursuant to, and is subject to the terms and conditions of, the First Amended and Restated Construction Loan Agreement, dated on or about the date hereof, between the Borrower and the Lender (as the same may be amended, renewed, restated, replaced, consolidated or otherwise modified from time to time (the "Credit Agreement"). To the extent of any conflict between the terms and conditions of this Note and the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall prevail and govern. Capitalized terms used but not defined in this Note have the meanings given to them in the Credit Agreement.
SECOND AMENDED AND RESTATED SECURITY AGREEMENTSecond Amended and Restated Security Agreement • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals • Nebraska
This Second Amended and Restated Security Agreement (“Agreement”), dated as of June 10, 2013, is between CARDINAL ETHANOL, LLC, an Indiana limited liability company (the “Debtor”), and FIRST NATIONAL BANK OF OMAHA, a national banking association (the “Secured Party”).
DECLINING REVOLVING CREDIT NOTEDeclining Revolving Credit Note • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals
This Declining Revolving Credit Note (the "Note") is the Declining Revolving Credit Note referred to in, is issued pursuant to, and is subject to the terms and conditions of, the First Amended and Restated Construction Loan Agreement, dated on or about the date hereof, between the Borrower and the Lender (as the same may be amended, renewed, restated, replaced, consolidated or otherwise modified from time to time (the "Credit Agreement"). To the extent of any conflict between the terms and conditions of this Note and the terms and conditions of the Credit Agreement, the terms and conditions of the Credit Agreement shall prevail and govern. Capitalized terms used but not defined in this Note have the meanings given to them in the Credit Agreement.
FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENTAnd Fixture Financing Statement • August 7th, 2013 • Cardinal Ethanol LLC • Industrial organic chemicals • Indiana
THIS FIRST AMENDED AND RESTATED CONSTRUCTION LOAN MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (as amended, supplemented, restated or otherwise modified from time to time, the “Mortgage”) is made as of June 10, 2013, by CARDINAL ETHANOL, LLC, an Indiana limited liability company (“Mortgagor”), whose address is 1554 North 600 E, Union, Indiana 47390 in favor of FIRST NATIONAL BANK OF OMAHA, a National Banking Association (“Mortgagee”), whose address is 1620 Dodge Street, Stop 1050, Omaha, Nebraska 68197-1050. This Mortgage amends and restates that certain Construction Loan Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated December 19, 2006 (as amended, the "Existing Mortgage"), and recorded December 21, 2006 as Instrument No. 20066145 in the mortgage/real estate records of Randolph County, Indiana, granted by Mortgagor in favor of Mortgagee, as amended by that certain First Amendment of Cons
